Nassau Post 19170914; Title

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CAWt OF NKW YOMK—ty Autherlty.
CHAP tt) Alt ACT t« amend the panel law. In rela-
tlMi to commitment of children and
transfer e>f ehlidrwn (v>mmltted
Reenama a law May 9, 1917, with tha approval of tha Oovernor Paaaed, thrae- Aftha being preaent
Tbe People nt the State of New Tork. represented le Senate and Aaaembly, do aaac-t as follows:
ieetlon 1. Ths last paragraph nf aubdl- Wtslnn flve of section fnur hundred and «IChty-sia of the penal law. aa added to •«>ch section hy chapter one hundred and ¦latjr-nlne of the laws nt nineteen hun dred and twelve. Is hereby amended to raad as follows:
If It ahall anpear to fhe board of mnn- a^ra, truateea. or otlier officers In charge of any Incorporated school, reformatory, charitable or other Inatltutlon aqthnrlfed ttr law to receive and tnke eharge nf fnlnors to which any child haa been com- tnltted pursuant to any of the provisions of thla aection or of Bcrtion twenly-eme hundred and ninety four of the penal law or to the provlalona of nny general or •peeial law that a child ao committed la Intwrrlglble and thnt his or her presence therein Is seriously detrimental to the -saelfara of the Institution or other chil¬ dren therein, or that nny child after such <iommltment shall have been released on parole or probation from sueh Institution •nd any of the terma or condltlnns ot auch release shall thereafter be viointed. an application may he mnde by such board, trustees or officers at any time be fore aueh child ahnll attain the age of twenty-one years to tho committing eourt or magistrate or to a Justice of the su preme court In the Judicial dlstrlet In which the said Inatltutlon Is located, for an order for the transfer and (commit tnent of said child to another Ineorpornted •cbool. reformatory or Institution, author Ised by law or designated by the state board of charltlea tip take the custody of any auch child and governed or controlled t>y peraona of the same religious fnlth iim the parents of the said child, when prac¬ ticable, or If not pi^acticable, to suoh pub lie Institution as sfiall be deemed suitable Such application shall be by petition verl fled by an officer of the Inatltutlon to which such child was originally commit¬ ted and shnll state the reaaona therefor On the fliing of such petition the emiit magistrate or Justice may laaue a warrant for the arrest and detention of nuch child pending such application. Due notice of •uch application with a copy of the peti¬ tion ahall be aerved personally or by mair" at leaat eight days hefore the hearing, on tho parents or guardian of said child nncl the offlrer of the locsllfy chargeable for tlie Bupport of such c-hlid and upon tbo hearing of said petition aurh court, mag¬ istrate or Jiistire mny grant surh orcler of transfer nnd make sue-h commitment If It appeara thnt such transfer nnd commit¬ ment should be made; nnd thereupon such •child shall be rnnflned In the Inatltutlon to which auch transfer nnd eommltment shall be made an upon tho original commit- ment until released ne-cording to law. If the said child has been released upon parole or probation from any auch Insti tution for Juveniles and has later been committed to un Institution for adult de¬ linquents, and Is either serving a term of Imprisonment In an Institution for adult delinquents or hns been rele-ased upon pa¬ role therefrom, and Is actually at liberty under paroio at the timo tho application Is made tn the court for an order fnr tho transfer and icimmltment ns hereinbefore provided then notice nf such nppllcation Tor tran.ifer and commitment must alsnhe aerved upon the wareb-ii, siipcrintendeiit or keeper of the Insliliitinn where the said (Child is iindergnlng Imprisonment or iipnn Xhe ollicial nr oflicials hnlding JiirlsdlKinii over him while he Is at libertv from sudi institution upon p.arole,
i 2. This act shall take effect Immedi¬ ately.
State of New Ymk. OfflcR of the Secre¬ tary nf State. HS
I have compared the preci-ding with tho original law on file In this oflke, nnd di herehy certify that the same Is a correct transcript therefrom ami of the whole of said oiiginal law
FRANCIS M HUGO,
Secretary mt ttmto
1.AWS OF NEW YORK—By Authority.
CHAP. 431 -AN ACT to amend the public health law.
In relullon to the sale of habit-forming
drugs,
Hecame a law Mav 9. 1917. with the approval of the Governor. Passed, lliree- llfths beinn present.
The I'eople of the Slate of .New York, represented in Senate and Assembly, do enact as follows:
Seotlon 1 Sections two hundred and forty-flve, two hundred and forty-six, two hundred and forty se-v,,n of chapter for¬ ty-nine of the laws of nlndeen huiidied and nine, eniltleci "An ad In relallon lo rlia public health, (-onstKiiiliig chapier for ly-flve of the consolidated laws,' n,s aibl- ed by diapler three liundred and slxly- three of the luws of nineleeii hiiiulrod and fourteen and amended b.v chiipler three ¦hunelred and (wenty-seven of thi> laws of nineteen hiimli-e-d and flfteen. are hereby amonded lo road. ri>s|iei-tivoIy, as follows:
I 215 Sale pinhlliited; exception. No pharniadst, druggist nr other person shall sell, huve or oft'er for salo or give uway any opium or any of tho sails, alkulnlda or dcrivutifos or an.v compnund nr prep- jtratlon of any of tlii-m except upon the written prescrlptlcm of a duly licensed physician, voli-rlnarl.an or dentist, provid ed that the prcivislnus of (his uriicle shall nut apply in the s:ile of dnnie stle und pro- prldiuy remedies, nor to pliysli.-liins' pre¬ scriptions, compciundod solely "t'o'i-' thV 'pel'i*-'' -non named In the orlglnul piescrliilinii, actuully sold In good fulth as medicines and not for the purpose of evading the provisions of this iirtide and provldeel further that such re-medies, preseriplloiiH and preparullniis do nnl cnutuiii niiu-e than two grains of opium, or one-fourHi grain of morphine or one-elghlh grain of heroin or one gr:ilii of codeine - r Hiclr salts In one fluid ounc-e or If a solid prep- arntlon, in one uvmrdupnis ounce, nor t,, plasters, llnlnieiits ainl nliKineiit.s for e\ • ternal «ise only." provided further that a'! such preparations shall conlaln other iic tlve drugs In sullb-li-iit proporHona (n cm, fer upon (hem other and rtddKiniml iiie- didnul prnperi'les (luin those |iosses.S(>d b>- the unmixed drutis, s.ilts alkaloids or .lerlvuHvos hpocllied In this section. I', shall net be necessary, hnwevi'r, in neira- tive any of iTie exc-ept Ions ur exoin|illoii.s c'ontttlncd 111 tills article In any Inrorma- tlnii or liiillctiiieut. und the burden "f proof of any (<uch exception and oxemp- tiun shall bo upon the defendanl
I I4fi I'lescrlplions. certificates It ahull be unlawful for any iierson M sell at le- taU. giia uway. furiil.sh or trafflc in or aid aaaiat or aliol In the traftlc in any of the druga. their salts, derivatives or prepirn- tloiia iiieMtloned In section two hunclred and forty-flve of this c-hai'ter i-xcopl us herein provided without flrst receiving a written prescription signed by a duly lluenatMl physician, velerlnarian or dentist The presoription must contuin aubstan tlally the following The name In f(l)l uf the physician, veterlnai lun or dentUt Is- sujng such prescript lon. his office ad¬ dress, and the name, ii|^ and addreaa of the perion to whom aiid dule on which ¦uch prescription la Issued If such pre¬ scription Is Issued to u perHoii addicted to the use of any of the ^^ugs spt-olfled In ¦artlon Iwo hundred and furty-flva of thla chapter, such pfe -crtptiun ahall contain a etatement that the i-ume has been Isaued tn a caae of aUdletlon 11 shall b« unlaw- fvl for any duly licensed phytiiclan. vet¬ erinarian er dentist to issue-any sach are- acrlpUon ountainlng any uf the druga, their .palta, derivatives or preparatlooa assa- gloaed lu aection two hundred and forty- gv* nt Ihia chapter, and fur luiy duly
tieenaed phyaieian nr dentlat to dispenaa, (tea or deliver any of the aald druga, their ¦alta derivatives or preparatlona, eacept after a phyaleal examination of the per¬ aon for whom aald drug* are preaerlbed for the treatment of dlseaae. Injury or deformity It shall t>* unlawful tor any peraon to sell at retail or furnlah any of the dnigs or preparatlona of any of thoae mentioned In seetion two hundred and fortv-flve of this ehapter, without flrst verifying the authority of any prescrip¬ tion containing more than four gralna of morphine, thirty grains of opium, two gralna of heroin, or six grains of codeine Buch verlfleatlon cnn he made by tele¬ phone or otherwise Suoh prescriptions so re<elved shall be fllled out at the time of receiving the same for the full quanllty prescribed and no prescription so teeelved ahnll be flded out more than ten days aft¬ er the dale which aald prescription he dat¬ ed Such prearrlpflon, from which no copy shall he taken, shall be retelned by the person who dispenses the aame and shall be fllled hut once A separate flie of all such prescriptions ahall tw kept by the pharmacist, drugglat or other iierson flil¬ lng the snme. showing;
1. The flie number- given to each pre¬ scription fllled;
2. The nnme of tho physician or. sur¬ geon signing the samo: and
3 The nnme and nddresa of the person for whom such preaer ^'ion Is fllled. nnd the nnme of the peraon to whom such pre acrlpllon Is delivered
Any per.son who sells nt retail, furnishes gives away, or dispenses any of the drugs mentioned In section two hundred and forty-flve uf this chapter upein a written prescription by a duly regiatered physi¬ cian or veterinarian or dentist shnll af the time of dispensing the aame, place upon the pncknge or container of such drugs, a label or deliver therewith a certlllcnte stating the name and address of the per aon selling or furnishing the same, the name and netdress of ths physician, vet erinarlan or dentist upon whose prescrip¬ tion sueh snle Is made, the date of sale. and the name of the person to whom such sale la made Any person, other than a manufacturer of any of the dtuga men¬ tioned In aec-tlon two hundred and fortv- flve or a wholesale dealer In drugs or » llcenaed pharmaclBt, llcenaed druggist duly registered practicing physician. Ii censed veterinarian or a' licensed dentist who shull possess any of tho drugs men¬ tioned in soclion two hundred and forty flve. or their salts, derivatives or prepa¬ rations, shall be guilty of a misdemeanor, unless said possession Is authorized by the label or rertlflcate described In this sec tion Tho authoriaed possession uf a cer¬ tlflcate or lubel Issued on tha flillng of a prescription or the dlapenaing ne provided In thla article, shall be a defense to a charge of misdemeanor under thla article, prnvided the person possessing surh sub- atnnt,^ aball not have In his possession un amount exci-ediiig Iho aiiiount speclfleil In such certlflente or label, and provided, however, that fraud, deceit, or mlarepre- sentatliin. or the use of a false name. In e:)htalnlng treatini'iit under the provisions of tills seciinn shall be deemed a violation thereof and no wilful false or mialeadlng statement made In vioratlon of this aec¬ tion shall be deemed a privileged commii- nlcatlnn. Nothing herein coiiluined shall ho construed to prohibit the sale of anv of such druga by any manufacturing pliHrmuclsts or cbemlstH or whole.iaie m- retail phailiiaclsla or driigglats. to other maiiiifadiiiliig phnrmai^ists nr chemisl.i or wholesale or retiiil pharmaiisls. m flriigglsts. or to hospitals, cnllegea, scien¬ tiflc or public Institutions, exe;ept thiit such snle Hhall lie made In the m.aiiner pro¬ vided In the next succe-cding secllon. -It shall be lawful, however, siibjeci to the requlremenls of this .-irtiele, for an.v duly llc-erisecl plivsldan nfler a physical e\;iml- nallon, persnnally loriduited, tn adminis¬ ter to, or prescribe for any person, whom sucli e.yaiiiiiiation cliscloses Is addicted let tho uso ot any hablt-formlng drugs, any of the drugs herein referred to. in ren¬ sonablo quantillos dependent upon the e:ondltlon of snch person anel his progress towanl rec:iivery. provided such phvsklan nets In good faith, solely fnr the purpose of relieving physical stress or of effecting a cure of such habitiiHte. Siic-h physlciuii shall flrst satisfy himself that siieb aiipli •ant la thus seeking u means of relieving »hyslcHl pain and not procuring or at¬ tempting to prnciiro drugs for the purpose of Illegal salo or dlstrlbutlnn
8 247 Order blanks; filing The stale coinmi.s.'iluiier of he-alth shull prepare ofli¬ cial order blanks, serially numbered In triplleato form, bound In bonks. The said ofiiclal orcler blanks shall be furnished by the stute board of health lo any duly lice-nscd physician, dentist, pharmacist, druggist or voieriiiarian, who shall huve repnrled to the alalii board of heallh, as lierdiianer prnviiled, and (o ull whnlcsale dealers and Jobli,rs In drugs, upon which ollidal order blanka must be written all orders for thy purchase of any of the ciriiga eniimorated In section two hundred and furty-llv,- of this chaiiter for the use of such pliysldnn, dcntlsl, pharmaclsl. druggist, veteiliiarlaii. hospitul. ccilloge, wc^icnllflc or public Institiilinii or for the piirdiaso thereof by all wholesale dealers and jobbers In drugs II shall be unlaw fill fnr any person in this state to sell, furnish or disii.'Se of, to any pli.v si'-iaii, pluiriiuidst druggist, veterinarian, doiii Ist, hospital, ciill.'ge, s'-ienliflc or publi,- tnslllutloii or wholesale- dealer or Jobber In drugs ciinductliig a lawful biisliu>s.-i within the state any of the dru;;s ni derivatives, cnumeralfKl In secllon (wo hun.hed and forty-five of this ehafiter, witlioui llrst reedvlug from such jilycl- daii phiiiniacist. ciruKgtst, vote'rlmirian, denlist or wiiolesaie dealer nr Jobber In drugs an ofllclai nrdi^r hbink us provided , by Ihis si'Cliiin, which ofiidal order shall he retained by Hie person or coiporalion who sells, furnishes <ir ellspeuscH any of llll' eljugs eiiuinirateir in section two hun¬ dred and fortv-flve ejf this ihapt'r. <ln,' of such ofllclai orders shall be forlhwith deilverc'd by ttie pel son ordering or pur¬ chasing any of .-nich drugs to the si:i(e de¬ partment of heallh lit Albuny, New Vnrk except In cities nf the first ihisa whero such offlciai order shall be elellvereil to the local board of hi-ulth, where the same shall be open to In.siK-ctlnn by anv perann ihargesl with the duty of enforcing tho provisions of this article. (nn- copy nf such official iVder shall be kept by llio physlc-lan. dentist, pliai tiiadst. dlU«^l^( or viuerlniiihri. hiiiH>ital or Insiltiitlon. nr wholesale doa'er cr Jolih.r In drugs, is.-'u Ing the:'same for the pi-rind reipilri'd by sei-finn two hundred ami forty-nlne-e nf this article .Snch ofllclai order hereby re- quired lo be kept by the person nr cor- IKir,Itlon selling, friiiilshlng or dispensing su.,-ii drugs, shull hc kept In a sopar.iie flie or bonk anl an «'iiiry m ide or caused to lie mude on llio order ul the time of making such sale, slating the date' of sale-. the name and addrea.s of tho pun busier
It Mh:dl lie unlawful for any physiciun ilentlst. pharmacist, druggisi. voU-iinariai,. hospital. liuHlullciii, Hanlturium. wlioleBula dealer or jobber in drugs ti have anv oC the drugs enumerated In section two lum dreed and forty-flve of thia chapter In liLs IKiKsoMaiiin ufter tbe first day of July, nine¬ teen hundred and neventeen. except when the sume shall have Imcii received pursu¬ ant tu a written order of the piirchuser thereof upon the official urder blank men¬ tioned In this aeclion. and except when such person having in his possession such druga. shull alao have delivered a dupli¬ cate uf such ordei' blank to the slats de- partmuiit uf health, or liM-al board of health aa the raae may be. aa In thia aec¬ tion required: Rirovided further ihat the pruvialona uf thla aection ahaU not apply to the puaaeasion of any of said drugs by physicians: dentists, piharmaclsls, drug gists. Veterinarians, hospitals. Institutions, sajiltarlums or whuleaale dealer or Jobber I in drugs at ths time this act shall taks I aSeat wheu the aame shall hava been law- tuUy aoquirad puiauant to extsdug law
Tha prpvMofls ot this section ahaH not prohibit tha sale of drugs enumerated In section two hundred apd forty-flve of this chapter to persona regiatered under tti» lawa of the tTnlted Statea and raaidln^ outside the atate of New Tork
Etlery person, ei^rporatlon or Institution autborlaed under the provlalona of thla ar tide to engage In the aale or dlstrlbiitldn of the druga or articles herein referred to shall on or before July tenth of each year flie with fhe state department of health a verlfled Itemised statement of all of the druga menfloned In aection two hundrs'l and forty-flve of thla chapter In hla or lis ponaeBBIon on July flrat of the year In which aueh statement la flled Provided, however, that after July tenth, nineteen hundred and aeventeen. where auch per¬ aem. corporation cvr Inatltutlon takes a itoek Inventory, either at the cloae of a husiness flseal year or of the calendsr year, auch Inventory showing fhe amount of the drugs mentioned In section two hundred and fortv-flve of thla chapter may he flled with the stat» depnrtment eif heatth at Albany In lieu of Ihe statement hereinbefore mentioned. Such Inventory or statement ehall lie verlfleej by oath or afTlrmatlon •
I I. Such chapter Is hereby amended by adding after section two hundred and forty-aeven, a new section to be aection two hundred and forty-seven-a thereof, to read as follows: ^
I 247-a False representations, et cetera No offlciai order blanks ahall be laaued to any person who shall have t>een convicted of o wilful or Intentional violation of tho provlalona of thla article or to any tierscm other than n duly licensed phyalelnn. vet erinarlan. pharmacist, driigglat ur dentist, or wholeanle dealer or Jobber In drugs, nor ahall any phyaieian, veterinarian, drugglat, pharmacist or dentist, or nnv wholeaals dealer or Jobber In druga have, keep, aell, dispense or furnish nny of the druga In eection two hundred nnd forty- flve of thla article mentioned, unieaa he shall, within ten daya after the flrst day of July, nineteen hunelred and seventeen. and earh year thereafter, flie with the state board of henlth a report setting forth his name, residence, age and occupation, and the places where he haa so practiced auch profeaalon or hualness within the two years next preceding the fliing of aald re¬ port and If a hoapital, college, sdenflflc or public Institution, setting forth the name and place nf busineas thereof Pro¬ vided, however, that Buch blanka shall be Issued to peraons legally conforming to the regulatlona and statutes of this stnte who shall newly estabtlah or engage In the practice or bualneaa of prescribing or dla¬ penaing narcotira subsequent to July tenth, nineteen hundred and seventeen, or any year thereafter. All official order blanks shall, when Issued by the st.ate depart¬ ment of health, bear thereon the name of tho peraon. ftrm, association or corpora¬ lion to whom surh blantta are dellvere-fl plainly written or stamped, nnd no person other than the purchaser shail use nny of aald blanks bearing the name of the pur chaser, and If nny person shall obtain or attempt to obtain by means of anld order blanks nny of the drugs menflnned In sec¬ tion two hundred nnd forty-flve of this nrtlc-Ie for any purpoae other than the use. sale or distribution by hlin tn the conduct of a lawful busineaa in said drugs or In the leglllmato practice nf his profession, he shall he guilty of a felony.
Any tiersiin who, fnr the inirpose of ob¬ taining any of the' driUTs m, ntloned In this article, and for the purnnse of evading any of the provlsiona the-renf. shall false¬ ly assume or use the title of "licensed pharmacist." "licensed druggist." "licensed physlc-lan," "licensed vetcrlnarv sur¬ geon." or "Ilccnsi'd dentist." nr In nny manner falsely represi nt himself to he a irccnsed pharmncist. licensed druggist, li¬ censed physician, Ilcensid dentist, nr li¬ censed veterinary surgeon, cr who shall falsely represent himself tn he an Im¬ porter, manufacturer, or dealer engaged In the conduct of a lawful husiness In said drugs, or who ahull utter anv false or forged presci-lptlnns. or shnil alter an original written preserlptlon or order for any nf the drugs mentioned In this article ahall be guilty of a felony Any person who shnll mnke nny fnlse report nturn or certlflcate, required by the provisions of this article to be mnde. shjill be guilty of n misdemeanor
i 3. Section two hundred and forty-eight of such c hapler as ndded by chapter three hundred and sixty-three of the laws cif nineteen hundred und fourteen and amend¬ ed by chapter three hunclred and twenty- .•»even of the laws of iilnileeu hundred nnd flfteen, la hereby smcnded lo read as follows:
8 248. Physicians, el cetera, to ke-op rec¬ orda. Ail persons uulliorlzod by l;iw to sell, administer, prescrilie. dispense ur dis¬ pose of uny of the dru«s eiiuiii'iutvd la section two hundred and forty-livo of this chapter, shull forlhwUh keep on record the name und address of ea.h iiersun tu whom sudi drug ia dispensed, given or In any maiiiior delivered ami the quantity su dlspoiised. given ur clolivejrod. and ail kUc h persons shall likewise ke<:ip a ri cord of the disposition made of any quantily of such drugs referred to, wheilier such dlspo.si- lion be in tbe pieparal inn of ('niupciunclM or otherwise, und If used In the |ir"paiatiou of c-oilipnunels the i|iiuntiiy so usel in i ueh compouiid uud when- pluce-d Sucli leeoid shall bo presorvicl for two years tiiul shull always bo open for liispeclloii by iho au¬ thorities charged with Hie eii(v"<'moiil "f the provisions of this aiiKlo i;ye:ry ph.\- dic-lan. InstUullnn. bnsiitiil or saiiiiai-iiiiii prose riling or furnishing any of ''o' drugs. their suits, derivative's or iireii.iralions mc^nUoneil In aeclion two hunilied and for ty-llve of tbis chapter, to be taken or usi-d by any person who shall be ascoi-iuiin'I by such physician, hospital, InstiluHon er sanitarium, as a result of ii pbysleni px- amlnatlun ur ollieiwi.se. to bo an habilual uaur of any of Ihe driij^s euunieiuled lu sec tlnn two hundred und forty-live of this chaplor. shall keep a si-parali- record nf auch prescript Ions and upon (he first day of each month, such physician, iiospiiai. Institution or Banllarlum shull deliver le tho Bluto bourd of health a repori. whioh sljiill state tho nanie. age and residoiiee of each such nuicntlc drug addict fur vvUmn lie haa proai ribed or furnished uuy of tlu drugs Biieclflcd In Bectlon iwo hundred and forty-ftv'e of this chapter Kac-h physician. IiospltuI, lubiliLitiun and sanilarlum. sha'l. tc>r the iM-rlod eniiiiierated in se-ciicin two bundled und fnrtyriiiiie of this cliapter. keep u copy uf such report wbieli shull al¬ ways be* open lo the insiieftlun of the au- tborities e-harge'd vvith the enforcenieiit nf tbe provlslniiB nf this artide. All panels records. Uiformutlon. slateme nts. und I'.ala filed whh the »iutei bourd of lieulih pui- suiiiit to the pruvlsloiis of this Mrticle, and all recorda of prncocdlngs or aulioiis l.ikeii by llie- slate bourd of li»-allh pursuant lo the prcivlaluns nt this urtlde. shall be ro- gardocl us confldenlial, uml sluHl not In open lo inspec'tt'in by the public or uiiy peraoii other thuji the oftlciai c-ustodUiii.-e <if sudi records and such poiscink u- iiHiy be authciri-^eil by law lu inspeci bUch rtcurda, and thoae leorsoiis Uul.v autliuriaod tu piu»ee-ule or enfure-o the fed •irui atatutes ur the laws of the slate uf New Yurk. bul only for the purpcises of auch pruaeeutlon or eiiforctimont. und any uniployee, or other persuns whu ahull dls- oioae ur aid In tbe dUcloaure uf such, or any part of such pat>era. records, Informu- tion. statements, ur data tu any persun not authurlsed by taw tu Inspect the same, shall be guilty ef a misdemeanor
No peraon ahall aid, at>«t or asalst any other peraun. not a llcenaed druggist, II- keiised pharmacist, llcenaed physiuian, li¬ censed vsleri larian or licensed dentist or wholesale dealer or Jobber Ui druga or a daal«nated uttklal uf a hoapltai. aanllarium or Institution to procure any of the druga enumerated In section two hundred and , forty-live of thki chapter, except as pro- I trtded In section two huiidred and forty i ••ven of thla ahaplar or upou tbe preacrip
Uon of a duly llcenaed phyaieian, dentlat ot
reterlnartan Any violation of thla aee-tlon la hereby declared to be a mlademeanor.
f 4 Buch chapter la hereby amended by adding after aection two hundred afid for- tr-el|ght aa added by chapter three hun- *red and sl*ty-three of the lawa of nine¬ teen hundred and fourteen and amended by chapter three hundred and twenty- seven of the lawa of nineteen hundred and flfteen. a ««w aection to be section two hundred and foity-elght-a thereof, to read aa follows:
I MA-a. Prescriptions of veterinarians and dentlata No veterinary surgeon ahall preacrlbe. diapense or furnish any of the drugs mentioned In aeetlon two hundred and forty-flve of thla chapter for the treat- j ment of or consumption by a human being. No dentist shall Issue nny such prearrip- j lion for. dispense or furnish any of surh druga for the use of any peraon not then under his Immediate treatment aa a dent j Ist or for any other purpose than aa a , part of aueh treatment, and no dentist ! shall dispense, furnish or Issue a preacrip- ; Hon for any of aueh drugs In quantltlea j greater than Is necessary for the Immedl- I ate treatment of the person to w"hom ths druga nre furniahed |
I 6. Sectlona two hundred nnd forty I nine, two hundred and fort.v-nlno-B and ' two hundred and forfy-nlne-d of sueh I chapter aa added by ehapter three hundred I and sixty-three of the laws of nineteen i hundred and fourteen and amended by I chapter three hundred and twenty-seven | of the lawa -of nineteen hundred nnd flfteen, are hereby amended to rend aa foi- I lows:
I 249 Hypodermic syringe; aale of: rec- ord; iienaity It Is unlawful for any per- i son to sell at retail or to furnish to nny person other than a duly licensed physl- j elan, dentlat. or veterlnarlnn. nn Instru¬ ment commonly known ns a hypodermic syringe or an Instrument commonly known I as a hypodermic needle, withnut the writ I ten order of a duly llcense-d phyaldan. dentist, or veterinarian. "" Every peraon | who disposes of or sells at retail, or fur- | nishes cr gives away to any person, either | of tho aljove Instruments, upon the written { order of a duly licensed phyaieian. dentist, \ or veterinarian, shall, before delivering ! the same, enter In the book kept for thnt : purpose the date of the sale, the nnmeiand address of thepurchaser, nnd a description i of the Inatrument sold, disposed of, fur¬ nished or given away It shall be unlaw , ful for any peraon or persons, except n licensed pharmaclat, licensed druggist, II- j censed physician, llcenaed dentist. llcenaed veterinarian, hospital or regular dealer li medical or aurglcal aupplies, to poaaeas ; such Instrument, without having In their poBseselun a certlflcate from a physician certifying thut the possession of auch In¬ strument Ib necessary for the treatment of Injury, deformity or disease then suffered | by the person possessing the same, or If ) posaeaaed by a nurse, a corrlfleate from u ' duly llcenaed physician that such posaea- Blon la for professional purposes. .*.ny p-r son or peraons who sell, dispose of or give awa.r an Instrument commonly known us a hypodermic syringe, or an Inatrument ' commonly known as a hypodormic needl". i except In the mnnner preserilied In this fli'cllon, Bhall be guilty of a misdemeanor. ' provided, however, that any persnn own¬ ing or having In hla posaesslnti any such hypodcrmlo syringe or hypodermic needle nt tho timo this socilnn, as umended. takes efTect. may lawfully keep or retain the , same- upnn obtaining from a duly Ilcenscil und re-glstereil* physlcl.an, dentist or vel- I erinarlan within ten days after this sec- ' tinn as hereby amended shall take effect, a ' eerffle-ale to the effect that such syringe ¦ or needle was purchaaed hefore this sec tkin. as umended. took effecl and that such s.vrlnge'br needle mny be ri-Tilred for fu- ' lure use for treatment of im Injury, de¬ formity or diaeiise which the person po«i- sesslng the Inatrument Is then siifferiiu; from.
9 249-a. Commitment of habitual drug , users: iirncedure'; treatment; dibchurge. The constant use by any peraon nf any habit forming ilrug. except under the di¬ rection and consent of a. duly licensed physlc-lan, la hereby declared to lie dan- gercnis to tho public health. "Whenever a ' complaint shall be made to any maglatra(e " that any person Is addicted to the use ot any halilt-formlng drug, without the eon- ; sent or direction of a duly licensed physi¬ cian, such maglslr;ite. after due notice uiul henrlng. If satlafled that the complaint is founded and thnt the person is addicted to Ihe use cif a hnblt forming drug, shall com¬ mit such persnn to a stale, counly or city hospital, or Institution licensed under the - stale lunacy commlsaion, or any correc¬ tional or charitable InHlttutlon maliuained by the state or any munlcliiuUty thereof, for the treatmi?nl of dsease or Inebriety; provldeil. however, that Buch magistral,- may suspend sentencu und parole such ad¬ dict to the care of such aildb-ta ph.vsldaii. where such magistrate Is siilisfled that the Interest of such uddlei so requires, and II satlsfai-tnrlly nppears In such magistrate that sue h addict la able- to defray Iho ex¬ pense uf coinpoteni moillcal treatment Any court having Jurisdii-tinn nf a de- fend.-int In a criminal pidceeitlng, It It ap pears that a defendanl Is a liubilual drug user, ma.v commit such iisor for treatment ns herfiii provided ut uny stage of such Iiroceedlng again.st such elefendant. ami iiiu.v Btay proceedings, vvlthhnld conviction or suspeiul scnloiicc, pen,ling the period of such commitment. Wli'-nnvor the chh-f medical oflker of such insHluHon shall certify to the ceimmltling magistrate or court that any peraon so eonimllted haa been BuPldently treati'l or give any oHur re'us<in which is doenied adequute and suf tlcie-iit, be may be in uecorclaiic e with the terms of eummiimi'iil di.sch.-irge the per¬ snn so eonimltti d.'nr return s .ch person to aw.ait the furlher action uf the court, pro¬ vleled, however, th ii when audi a i-oinmK- ment ia to an Instliiiticii under the Jurla¬ dictlon elf a deparlnient of cnrroctlon, or othe-r similar department in a city of the lirst fhiHS where there Is u parole commis¬ sion e-siHbllshexl piirsnniit to law. su'h e-nininlsalcin shall acl in the place and ate-ad of a chief niedic:il oftlcer for Hi.' purxiobe- cif making Riich a" certificate. Ev- : ery perscin rommilled under the provisions of this sectlnn shall observe all the rules and regulutlons of tho institutlnn or hoa- pii.il Any sue h person who wilfully v!o lates the rules and regi.ilatlons of the In¬ stitution or repeatedly c-nneiudM himself In a disorderly iifanner mav be taken,before ' a magistrate by the order of the chief medical olflcer of the Insdlutlon. The- chief : moillc-al cfhcer may enler a complalni j agiinst such persons for diaorderly con- ' duct and the niughstrate,. after a hearing and upnn due evidence nf auch ell.sorderl,\ e-onduet, may commit suc-h persnn for a period of not to exceed six nieuitbs to any instltution to which persc ns i-nnvb-ted of disorderly conduct or vagrancy may le- L-oinniltted, and such Instil iitinn shall keep j such peraons separate and apari from tlu other Inmates, provided thui iieiHiiiig In I tlil» section shall be ceuistrucd lo prohiliii I any- person committed to any Inaiitutioii | under Its proYlslons from appealing to any i court having Jurisdiction for u review of i tha evidence In which ttils commltmenl I WU3 made.
Nothing herein cuntalned shall be deem¬ ed to preclude any iit the Inatiiutlons re-| ferred tu, from accepting us a charity pa¬ tient, any peraun volmitarlly applying for treatment fer drug addiction, and uny suc-h Institution may if a voluntary uppll- eant signs a statement that he la suffering from drug addictiun and deslrea treatment In the suias inanner and su^iJect to the same rules and reutrlctlooa as If commit¬ ted by a magistrate. :-eKielve such peraun without formal cummltmant, with like ef¬ fect aa If formally cumuu^lad, aubject tn discharge when aufficleiilly treated, or fur any other reaaon deemed iiadequatc. Any local health board ur ufllcer may. Ilk* wise, with the consent of such bospltal and the approval of ths proper offlciala ch*rgad arttb tba care of the poor, oa auch
ait ap^lleatMK aad Mgaad atatetnnatit fittct the applicant In any hospital receiving such patients. The local health bi>ard ofll¬ eer shall Adopt a blank form of application for auch treatment and en request Bhall fomlah copies thereof for the use of any aoeh Institution.
I ttta. Penalties Any violation of any of the provlsiona of thla article shnll be deemed a misdemeanor, except as other¬ wiae provided In aection two hundred and foi^y-seven-a of this ehapter, and except tbat the aale, offering for sale, giving away or dlapenaing of any of the drugs mentioned In section two hundred and forfy-flve of thia chapter, otherwise than •a permitted by thla article, to any child under the age of sixteen yeara ahall be deemwd a felony Nothing contained ii, thla artlele ehall be construed to amend or repeal Bcetlon seventeen hundred and for- (y-Blc of the penal law relating to the aale of cocaine or euealne and regulations respecting their possession
I 6. Sueh chapter Is hereby nmended by adding after aection two hundred and fnrty-nlne-d, two new aectlona. to be sec¬ tions two hundred and forty-nlne-e and two hundred and forty-nlne-f, to. read as foi I owe;
I 249-e. Supply of druga to addicts Any local board nf health may furnlah, or nu- thorlee to het frunlahed. without eharge. to any peraon found upon a phyalcal ex¬ amination to be addicted to the use of any habit forming drug, a prescrljdem na pro- Tided for In section two hundred and forty-six of thla chnpter, for such n suffl elent quantity of any such drtig as la nee easary. In the opinion of a pbyslcinn of any auch board of health, to provide for the necessities of aueh person, pending treat¬ ment. The atate department of health shall prescribe appropriate regulation un¬ der which said drugs nro to be prescribed and dlapensed by such local board of health.
I 249-f. Recorda to be preaerved: feea; In- spectrjra All records, prescrtpttons. orders. oertlflcates and other Inatrumenta In writ Ing which, by the provlalona of this srilcle, are requred to bo delivered, kept and ex¬ hibited by any person or official, Bhall be kept and preaerved by such persons and offlclals for a period of two years from the date of the same, nnd shall at all times be kept open tcj Inspection hy offl¬ cers and agents of the state and local boards of health and to all other persons charged with the enforcement of the law . The Btate iKiard of health Is hereby au¬ thorised to nppoint surh Inspectors and agents as may be neceasary to enforce the provlalona of this article. '
All state, county and city hospltala, all correctional and charitable Institutions, all private hospitals, Institutions and ennl- tariums purporting to treat and cure drug addictions, and all persons unliig, dlspens- Ing or posaesslng any of the drugs men tloned In section two hundred and forty- flve of this article, ahnll keep recorda showing the time and amount of any quan- ff'y of snid drugs ao received nncl the times when and the peraons to whom nny of said drugs are dispensed, which recorels shall be kept nnd preserved for the period mentioned In secllon two hundred and ; forty-nlne-e of thla nrllcle, and shall be nt all times open lo the Inspection of the nu ' thorities charged wKh the enforcement of tho law. All offlciai blanks shall be sold ti the person entilled to possess the siiim- pursuant todhe provisions eif this article at a price to Be flxed hy tho state board nf health. Which prlio shnll not. however, ex¬ ceed the sum of one dollar per hiindrcl triplicate hlaiiks.
. i 7 This art shall lake effect July flrst. nitiete-ejii hundred nnd seventeen Slate of New York, Office of the Secretary
of Btnte. ss:
I havo compared the preceding with the original law on flio In this office, and do here\>y certify that the same la n cnri-eef transcrliit therefrom and of the whule of said original law.
FRAN'C1.«? M. HUOO.
Secretarj' of State.
LAWS OF NEW YORK—By Authority.
CHAP 426. AN ACT to establish a commission to act Jointly with a similar commission of Ihn state of New Jersey In tho liivesligatinn of port conditions ut the port of New- York and to submit u comprehensive ro¬ port recommending the proper policy that ahall be pursued for the best Inti r- esta of the entire port of New York, and the legislation, stute and federal, thai win be necessary to muko such rocum- mendutloiis effective, and making an ap¬ propriation fur the expensoa of suid commission.
Became a law May 8. 1917. with the approval of the Governor Pitased. three- flftlia being preaent.
The People of the Slate of New York. represented In Senate and Asseinhly, elo eijact as follows:
Sectlein 1. 'I'lie governur ahall appulnt tbreo commlsslonors who shall have pow¬ er on the part of the- state- of Now "Vork to meet commlsslunera upi>e.ilnled, or who may he uppointoU. under or by virtue of u law of the legislature of the stale of New Jerscy, lo iie^;oiluto or agree upon a Joiiii report, roconiinendliiK a policy to lie piir- saed by the stale of N'ew York, the s(;U'' of New Jersey und the United Stules bv legislative oiiaclment or treaty or nlhoi- Wlse, to tho ond that said port shall be e^clenlly and coiistruc(ive-ly eirg:iiilzoil 4.id furiilshed w-i(li mo.le-rii ineihods of pjor.s. rail and waler and fi-e-igbt f:icili- Uea and adeqiiutoly proloctcd In the event of war. liofnio making such r(«port, such oeininiission shall miiku a ihc^rougb Invos tlgatinn of pnrt condilions In this country and sliull take and employ such engineer - lug, h'gal or other profeSSlon;U skill uml assistance aa It muy need for the effecliv,-; working out uf a cnmpreheiialve and ade¬ quate interstule and federal port policy, lo meet coniiiiordal needs In tinies of peai e und the protee-llon of the liurbor und ud- 'uceiit lociilitlos hi tiini'S of war.
( 2- The- cninmlBsluiiers appointed pur- , suant to the prnvisions of this act shall be paid the neceas:iry expenses Incurred lu the performance of their duties, bul shall fcerve without coniponsjilion Tle-y slmll Hclecl one of their number as c hulrman j nnd may e-mploy a secretary and sudi other assistants us are needed In the per- ; foiiaaiic-e nf iholr duties. The sum c" twenty-flve thousand dollars ($2&.0(iOl, or so niiidi theieof as may be; ne-cessury, shall bo horeby upprnprlated out of any i tiioii«-ys hi tbe stale treasury not other- wlae appropriated, for the expvi»r<'8 'if the t commlKaloii The nmneys hereby appro- i priated shall be paid out by the stud' ] treasurer on the warrant eif the comp- i troller upon vouchers nudileel by the di:ur j man of the aaid eoiiiinlsHion.
I 3 This act shall lake effect Immedl- utol.v
State of New York, offlco of the Secre¬ tary of State, as
I have compared Hie pr»<-eeliiig with the orlglnul law un flie in thia office, nnd elo hereby certify that the same Is a correct transcript therefrom and of the whole of suid ejflglnal law
FRANCIS M IIUOO
Secretary of Slate
LAWS OF NEW YORK—By Authority. CHAP 435
AN ACT lo amend the military law. rela¬ tive to compeiistttiuii u( -state und mu¬ nicipal officers and employees while ab sent on military or naval duty, and hh- sipimenta ot members uf nutlonal guurd or naval mllltla tu certain servicea Became a law May 10. in?, wilh the
approval of tba Oovernor. Paaaed. three
nrttia being praaent Ttie People of the State of New York
repreaeotad In Senate aud Aaaembly, do
enaxet aa foUuwa. ittttnn L ¦aotlaB two hundred and forty
¦ve af vbapier forty-oin: uf tbe Uwa uf
tmki nvtirrM
«-t? ^iOTKKfl
nineteen hundred and nine, entitled "Ah act In relation to the mllltla. e^orwtltutlnc ehapter thrty-»x of the conaoldated lawa," aa Added hy chapter one hundred and three of the laws of nineteen hundred and eleven, la herehy a mended to read nn fol¬ lows:
I 945. State and municipal offleera aitd employees absent on military nr naval duty. 1 Every offleer and emplnyee of the atate or of a municipal corporation or of any. other political siib'dlvlslon thereof who Is a member of the naflonoJ guard or naval mllltla ahall be entltleef |o absent himaelf from his duties or service while enraged In the performance of ordered military or naval duly under Ihe pro¬ visions of this chapter and while going to and returning from niu§, duty No such ofTicer or employee shall be subjected by any peraon whatever directly or Indirectly by reason of auch absence to sny loss or diminution of vacation or holiday privl¬ legea or be prejudiced by reason of aueh abeenre with reference fo promotion or contlnuan-e In offlee or emplnymrnt or to reappointment to offlce or to re-employ¬ ment,
t. Everv offleer and employee of the stnte or of a municipal coriioratlon or of any other polilleal subdivision thereof who hns heretofore entered, or who has obli¬ gated himself to enter, the federal mili¬ tary, navnl or marine servb-e or who is required by drnft or conscription to enter surh service, or who shnll herenfier ente-r auch federal service with the consent. In the ease of nn offlrer or employee of the state, of the governor, and in the cnite nt an olflcer or employee of a cit.v with the consent of fhe mnyor, or In the eaae of an offleer or employee of any nther municipal eorporatlon or polltlral aulHllvlslon of tho atate, with the ronsent of tho hoard or officer aptiolntlng such offlrer or empkiyec'. and ahall perform military, navnl or other duty therein, and because thereof shall be abaent from hla duties an such offlrer or emplc^yee of the atnle or of a municipal corporajjon or any other political sub¬ division thereof, ahall not. during the ricrl- od of the present war and for a period of two montha thereafter, be deprived either dlree-tly or Indirectly, hy reason of auch absence, uf any privllegea an sueh offleer or employee, or be prejudiced In any wny becauae of auch nbseMiee with reference te promotion or continuance In offlce or em¬ ployment nr to reapiKilntroent. to offlee or to re-employment.
S. T^irlng the absence of an offleer or employee of the state or of a municipal eorfioratlon or of any other political aiib- dlvlalon there>of while engaged In the per¬ formance Ol ordered military or naval eluty as a memher of the national guard or naval mllltlii. or In the performance of duty In the federal military, naval or ma¬ rine serx'lce as hereinbefore provided, he shall receive such part of his salary or compensnilon as such officer or employee as equals the excess, If any, of such sal¬ ary or compensation over the compensa¬ tion iiald to him for the performance' of such duty; but such payment by the atate or by a municipal corporation or polltlial subdivision thereof to an ofTleer or <>m- ployee during such absenc-e shall not be less than twenty-flve dollars a month
4. An omcer nr employee of the stute or of a political subdivision thereof either than a city shall not enlist aa a member of the national guard or naval mllltla or volunte-er in the f, cbral military, navnl or marine service, nnd be thereafter entitle>d to any part of liis salary or eeimpensation na such oflicer or employee, without the cnnseril of the govi'rnor, and an officer or employee of a city Bh:ill not so enlist and be thereafter entiticd lo anv part of his salary or cnrnpensatlon as such ufflccr or employee without the consent of the may¬ or of such elty.
5. An offleer or employee of the state or of n polllicnl Bubdivlslnn thereof, other than a citv. who Is n incinher of the na¬ tional guard or naval militia or Is In Ihe feder.al militnrv. naval or marine service. shall lie reheve-d from service therein when directed by the gove»rnor and with the e-onsent of the federal war or navy , dep.irtmetit. when the public Interests re¬ quire that he shall perform his civil duties as such officer or employee, ami an oflki r nr emplnyee of a clly^ may In like manner, on the- rei-iuest of the mayor thereof, be dlsch.-irgecl from such service when the public Interests require that he sh.all per¬ form his duties as such officer or em¬ ployee
8. Tho terms "offleer and employee-" a^' used In this section shall include ever.v person hy whatsoever title. desc:rlptIon or designation known who receives any pay. salary or compensation of any kind frnrn the strife or a municipal corporalion or of any other political subdivision thereof, or who Is In nny department of the state-
5 2. The adjutant gener.al shall, when¬ ever In the Judgnienl of the govcriinr public security or national ele-feiise- re- qiilrcs, nnd with the consent of the federal war department, assign, detail or lem- pornrlly release members of the national guard nnd naval militia of the state for servli-es or work In the productinn of agri¬ cultural prndiii'ts. Vie manufaciuro of mii- niliof^s and other commodities reciuired for the proserution of the war and public de- ' feii.se. (i'r for any other si^rvlce required for public Security or defense This sec¬ tion Bh.all eontinue in full force and effect until the end of the present war and for a period of two monlhs ther(=<ifter
5 3 This net shall take effeet Immedi¬ ately.
Stale of New York. Offlce of the Secre¬ tary of State, ss:
I have compared the preceding with tho orlgiiiMl hew on file in this oflice. and do hereliy eeilify that the same la n c-orrocl Irunscrifit therefrom und of the whole of suid original luw.
FRANCIS M. Hl'dO.
Secretary of State.
LAWS OF NEW YORK—By Authority.
CIIAI' 4ri!i.
AN AI'I' to amend the code of civil pro¬ cedures. In relation to the eourt of claims and the- olticois thereof Hecame a law May 14. I'd?, with the
approval of the liovernor. I'liBsed. three-
llfths being present The People of tl ., State- of New York.
represented In Senate and AsBembLV, do
enact as follows; Section 1 Section two hundred and eighty ',
of the- ceiclc of civil procedure', ia hereby
amoiideci to read as follows: '
I 2S0 Sulurics of offlcers of court of
claims. K:ich officer of the cotjrl of claima
shall ree-elve un uiiiiuul salary, payable
monthly, and other compeiiBHllon as foi- •
luws:
1. The clerk, threeJhoiiHand six hundred , dollars |
2. 'i'he court steiicigrapherSi who ahall ' also be depuiy clerks, thre-e thouaand dol¬ lars ami flv,- cents a folio for e-eipk»s of, mIniiti'.'J nnel ti-sllmony furnished al the [ request of the claimant |
3. The 8teiicigl-(^)her to fbe Judges, who I Blmll alao ad as.,reller court stenugrapher, ! thre-e thoiiBund dolIaia j
4. The clerk -md court stenogruphi-rs and I the Btencigrapher lo the- Judges and relief | eourt steii'igrupher Bhull be pu'd their actual expemseii while In the discharge ot their respective duties elsewhere than In the city of Albany, to be audited hv ihe court Hhd paid from the contingent fuud No rtiarge shall be made against the stnto by the clerk or tho stenogra phers for copies eif minutes, leatlnnoiiy or papera. furnished to the attorney-general or to the court or tiled tn the office of the clerk
I t This act shall take effect July llrst. nineteen hundred aiul aeventeen State of New York. Offl<-e of the Secre¬ tary uf 8tata aa: » I have cdtnparsd the praceding with tha original law em Ale In this efflce. iMid do hereby certify that the aame la a correct tranacrlpt therafrom and of the whole of aakl orlftii-il law
rRANCIS kt. HUOO.
¦fcretJM^ of IUI*
LAWS OP NEW Y )RK—Br Autharlty. CHAP »*7 ; AN ACT lo amend fhe highway law, In relation to lighting roads, highways an4 bridges
Pecame a law May 4. Itl7, with Ihe ap¬ proval of the Oovernor. Paaaad. three flfiha l>elng present.
Tha People of the State of Naw TorH represented In Senate and Aasemhiy. do enact aa followa: I Section 1 Chapter thirty of the lawa ef nineteen bundred and nine, entitled "An act relating to highwaya, constituting rhapter twenty-flve of the consolidated laws,'' la herehy amended by Inserting therein at the end of article twelve, a new I t- nlon to be section three hundred and fort- four, to read aa followa:
I ,1414 Lighting roada. highways and i,i,,lKes The town lionrd of any lown. subject to the npprnval of the commisaion¬ er of highways, may from lime to time rirovlile for lighting elangerouB portlona of any roael or highwny defined by aeetlon three of this rhapter or constructed or Im¬ proved under Ihe provislnns of a«-rtlon three hundred nnd twenty of thla chap¬ ter snd of bridges located thereon The Initial aetion of the board shnll be In the form of a protvisal for seibmlsnion to Ih* cemimlsaloner The ronda and pnrtlonS thereof to be llffhieil. and the manner of lighting, ahnll be set forth In aurh pro- poanl Surh proposal rhall be embodied In a reaolution The lighting of one or more aueh ronda. highwaya or brldgea, or either, may be pniposod In a single reso¬ lution. The board niiM- provide for such lighting. If lla proposi^ls ao approved, or, ' If niodlflratlons are anggeated by the com¬ missioner mny adopt auch modlflcatlons and provide for such lighting In conformi¬ ty therewith The expense of Installing, malntaing and cprlng for such lights shall t»e a town charge, and the moneys therefor shall be provided and appropriat¬ ed In the same mnnner as for other town expenaes The furnishing of light ynder this section may be provided for by eon- tract or otherwise; but nothing herein contained shall be deemed to niithorixe the town board to acquire, conetruct or establish a gas or electric lighting plant for the atsive purposes. The Inatallatloit of lights, flxtures nnd connections shnll be done under the supervision of ths county superintendent of highwaya. The town bonrd may provide for the eare of such lights In sueh manner aa It muy deem proper. Tlie board may. In Its dla¬ cretlon, at any time discontinue the light¬ ing of any rond, highway or bridge, or portion thereof, provided for under this sriitloh.
I X. Tbis act shall take effect Immedi¬ ately.
State of New- Ynrk. Offlce of the Secretary of Btate. aa:
I have co'^nared Ihe preceding with the original law on'flie in this offlce, and do hereby certify Hint the same Is a correct transcript Uierefrom and of the wliole of (lald original law.
FRANCIS M. HUOO,
Secretary of State.
LAWS OF NEW YORK—By Authority.
CHAP 3l» AN ACT est.iliiishlng a state eouncil of defense and dellning the powers and du¬ ties of such council and making an ap¬ propriation llieretor.
Ue«-ame a law May 4. UMT. with the iipprovai of the (Inveriior. I'assed. three- liftlis lioing piosonl
The People of the Stale of New York, represented in Senate and Assenibly, do enact as follnw-s:
Section 1. The governor may appoint a eouncil consisting uf not more than seven persons, each of whom ehall have special knowledge of some industry, jiubllc utility or the development of some nutiiral re¬ source or he otherwise e.-^pedaily qualified for the performance of tlio duties herein¬ after provided The guverimr shall be i-hairman nf the council nnd he muy des¬ ignate a vlcc'-chalrmaii thereof. The mem¬ bers of anch council slinll serve without coinpensiitlon. but shull be ulkiwed ucliial expenses of travel when attending meet¬ ings of the council or,engaged In Investi¬ gations pertainirg to ils uotlvlHes.
It shall he the duly of. the council to make investigatlona nnd to report In ref¬ erence to the location .and capai-ity of rullruads. automobUes, and ull other means of trunapnrlution and conveyance within the state 8<i ns to determliiu their /ivailubility to the militar.v iiiirposes of the state und to render possible the ex¬ peditious mobilization and concentration of stato troops und supplies to points of defense and military advantage: to make such Invesllgatloiis und repori in refer¬ ence to the military and nuvul resources of the state and the developnient nnd the eiilarge-iiient there of; to in.ike such Inves¬ tigations and reiiort in reforeiue to the production within the slate of articles and materials essenllul to the support of tha military forces of the state- und tlio lucu- tinn. method. nic:ins of produclion and availiiliility of militar.v eupplles, the giv- iag of Information to producers and maii- ufac-turers aa to the class of supplies iieeiled 'oy such inllilary forces and the creation ^f rolallmis which will render IiOssilile in lime of need the iminedlate eonceiitration and utilizutleiii uf the le- sourees of the st:Ue for military purposes; and In gener,'^! to make all investigations, arrangements und plans for tho efficient co-oniinatloii and co-operation of the mil¬ itary, induslriul. uKrii:ultiirul and com¬ mercial resources of Hie State in time of war.
The council slmll have power to enrplo.v nssisiants and subordinates and flx their e-ninrieii.sutlon. rorsons bo employed shall be deemed to be In the military servlee of the state.
i 2. No board, officer or commission shall hereafter order or coiitrne't for tho purchase of property or direct thut any expense be Incurred pursuant to the up- proprlations made by chapters three one hundred and three and two hundred and flvo of the laws of n'neteen liundred and seventeen until the state defense council sliuil have uuthorized the pure base nr ex¬ pense, limiting the umount of the expeii- dlliire thorefnr, and shall have delivered iV eertiflcate uf such authorization to the comptroller and to the bourd, officer or commission fur whom or which such up- preiprlntloiis were made. Kuch uuthorlly may be revoked at uny time by the roni- missKiFi except as to obliKations Incurred before such revocation. Kxcept as to ex¬ penditures heretofore ordered lir Im-iirred, no warrant shall hereafter be drawn by the «-eimptrolIer for the payment of mon¬ eys from any suc-h appropriutlons unless the Item or ue count to bo puid Is Included in an expenditure .HUthorlzed by thu stale defense council ua herein, provided. The authority of the stute defense council tor eiudi Item of a proposed piirc-hHse or other expendiiure shail not be neooHaary. Buch uutliority muy be grunted f<ir the expen¬ diture of stuted uminintB, frum time to time, for stated purpo8»s.
i 'J The sum of one inllllun dollara ( l.OOO.OOOl, or so much thereof as may be iie<'eiiiaury. Is hereby appropriated out nf an.v moneya In the treasury not otherwise appropriated, for carrying uut the provl¬ alona of thla act. and for the urganlautlun and development of the military resourcea of the state. The sum hereby upprupilat- ed shall be expended upon thv appraval uf the council and the audit and warrant uf tbe comptroller of the atate.
I 4 Thia act shall taka effsct knroedl- ataly.
Stale of New York. Offlce of ihe Bacratary uf Btat a aa:
I liave compared tbe preceding with the orlgrlnal law on (Me in this offlcs, and de> hereby certify tbat the aame Is a correct tr^iiaaf(|i't tharafraaa and of tbe wbola of aaM ttHtttati Utth^
i ntAKCUl M MVJOO. ^ ttmoroUm

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CAWt OF NKW YOMK—ty Autherlty.
CHAP tt) Alt ACT t« amend the panel law. In rela-
tlMi to commitment of children and
transfer e>f ehlidrwn (v>mmltted
Reenama a law May 9, 1917, with tha approval of tha Oovernor Paaaed, thrae- Aftha being preaent
Tbe People nt the State of New Tork. represented le Senate and Aaaembly, do aaac-t as follows:
ieetlon 1. Ths last paragraph nf aubdl- Wtslnn flve of section fnur hundred and «IChty-sia of the penal law. aa added to •«>ch section hy chapter one hundred and ¦latjr-nlne of the laws nt nineteen hun dred and twelve. Is hereby amended to raad as follows:
If It ahall anpear to fhe board of mnn- a^ra, truateea. or otlier officers In charge of any Incorporated school, reformatory, charitable or other Inatltutlon aqthnrlfed ttr law to receive and tnke eharge nf fnlnors to which any child haa been com- tnltted pursuant to any of the provisions of thla aection or of Bcrtion twenly-eme hundred and ninety four of the penal law or to the provlalona of nny general or •peeial law that a child ao committed la Intwrrlglble and thnt his or her presence therein Is seriously detrimental to the -saelfara of the Institution or other chil¬ dren therein, or that nny child after such y peraona of the same religious fnlth iim the parents of the said child, when prac¬ ticable, or If not pi^acticable, to suoh pub lie Institution as sfiall be deemed suitable Such application shall be by petition verl fled by an officer of the Inatltutlon to which such child was originally commit¬ ted and shnll state the reaaona therefor On the fliing of such petition the emiit magistrate or Justice may laaue a warrant for the arrest and detention of nuch child pending such application. Due notice of •uch application with a copy of the peti¬ tion ahall be aerved personally or by mair" at leaat eight days hefore the hearing, on tho parents or guardian of said child nncl the offlrer of the locsllfy chargeable for tlie Bupport of such c-hlid and upon tbo hearing of said petition aurh court, mag¬ istrate or Jiistire mny grant surh orcler of transfer nnd make sue-h commitment If It appeara thnt such transfer nnd commit¬ ment should be made; nnd thereupon such •child shall be rnnflned In the Inatltutlon to which auch transfer nnd eommltment shall be made an upon tho original commit- ment until released ne-cording to law. If the said child has been released upon parole or probation from any auch Insti tution for Juveniles and has later been committed to un Institution for adult de¬ linquents, and Is either serving a term of Imprisonment In an Institution for adult delinquents or hns been rele-ased upon pa¬ role therefrom, and Is actually at liberty under paroio at the timo tho application Is made tn the court for an order fnr tho transfer and icimmltment ns hereinbefore provided then notice nf such nppllcation Tor tran.ifer and commitment must alsnhe aerved upon the wareb-ii, siipcrintendeiit or keeper of the Insliliitinn where the said (Child is iindergnlng Imprisonment or iipnn Xhe ollicial nr oflicials hnlding JiirlsdlKinii over him while he Is at libertv from sudi institution upon p.arole,
i 2. This act shall take effect Immedi¬ ately.
State of New Ymk. OfflcR of the Secre¬ tary nf State. HS
I have compared the preci-ding with tho original law on file In this oflke, nnd di herehy certify that the same Is a correct transcript therefrom ami of the whole of said oiiginal law
FRANCIS M HUGO,
Secretary mt ttmto
1.AWS OF NEW YORK—By Authority.
CHAP. 431 -AN ACT to amend the public health law.
In relullon to the sale of habit-forming
drugs,
Hecame a law Mav 9. 1917. with the approval of the Governor. Passed, lliree- llfths beinn present.
The I'eople of the Slate of .New York, represented in Senate and Assembly, do enact as follows:
Seotlon 1 Sections two hundred and forty-flve, two hundred and forty-six, two hundred and forty se-v,,n of chapter for¬ ty-nine of the laws of nlndeen huiidied and nine, eniltleci "An ad In relallon lo rlia public health, (-onstKiiiliig chapier for ly-flve of the consolidated laws,' n,s aibl- ed by diapler three liundred and slxly- three of the luws of nineleeii hiiiulrod and fourteen and amended b.v chiipler three ¦hunelred and (wenty-seven of thi> laws of nineteen hiimli-e-d and flfteen. are hereby amonded lo road. ri>s|iei-tivoIy, as follows:
I 215 Sale pinhlliited; exception. No pharniadst, druggist nr other person shall sell, huve or oft'er for salo or give uway any opium or any of tho sails, alkulnlda or dcrivutifos or an.v compnund nr prep- jtratlon of any of tlii-m except upon the written prescrlptlcm of a duly licensed physician, voli-rlnarl.an or dentist, provid ed that the prcivislnus of (his uriicle shall nut apply in the s:ile of dnnie stle und pro- prldiuy remedies, nor to pliysli.-liins' pre¬ scriptions, compciundod solely "t'o'i-' thV 'pel'i*-'' -non named In the orlglnul piescrliilinii, actuully sold In good fulth as medicines and not for the purpose of evading the provisions of this iirtide and provldeel further that such re-medies, preseriplloiiH and preparullniis do nnl cnutuiii niiu-e than two grains of opium, or one-fourHi grain of morphine or one-elghlh grain of heroin or one gr:ilii of codeine - r Hiclr salts In one fluid ounc-e or If a solid prep- arntlon, in one uvmrdupnis ounce, nor t,, plasters, llnlnieiits ainl nliKineiit.s for e\ • ternal «ise only." provided further that a'! such preparations shall conlaln other iic tlve drugs In sullb-li-iit proporHona (n cm, fer upon (hem other and rtddKiniml iiie- didnul prnperi'les (luin those |iosses.S(>d b>- the unmixed drutis, s.ilts alkaloids or .lerlvuHvos hpocllied In this section. I', shall net be necessary, hnwevi'r, in neira- tive any of iTie exc-ept Ions ur exoin|illoii.s c'ontttlncd 111 tills article In any Inrorma- tlnii or liiillctiiieut. und the burden "f proof of any (* unlawful tor any peraon to sell at retail or furnlah any of the dnigs or preparatlona of any of thoae mentioned In seetion two hundred and fortv-flve of this ehapter, without flrst verifying the authority of any prescrip¬ tion containing more than four gralna of morphine, thirty grains of opium, two gralna of heroin, or six grains of codeine Buch verlfleatlon cnn he made by tele¬ phone or otherwise Suoh prescriptions so res.-i within the state any of the dru;;s ni derivatives, cnumeralfKl In secllon (wo hun.hed and forty-five of this ehafiter, witlioui llrst reedvlug from such jilycl- daii phiiiniacist. ciruKgtst, vote'rlmirian, denlist or wiiolesaie dealer nr Jobber In drugs an ofllclai nrdi^r hbink us provided , by Ihis si'Cliiin, which ofiidal order shall he retained by Hie person or coiporalion who sells, furnishes ital or Insiltiitlon. nr wholesale doa'er cr Jolih.r In drugs, is.-'u Ing the:'same for the pi-rind reipilri'd by sei-finn two hundred ami forty-nlne-e nf this article .Snch ofllclai order hereby re- quired lo be kept by the person nr cor- IKir,Itlon selling, friiiilshlng or dispensing su.,-ii drugs, shull hc kept In a sopar.iie flie or bonk anl an «'iiiry m ide or caused to lie mude on llio order ul the time of making such sale, slating the date' of sale-. the name and addrea.s of tho pun busier
It Mh:dl lie unlawful for any physiciun ilentlst. pharmacist, druggisi. voU-iinariai,. hospital. liuHlullciii, Hanlturium. wlioleBula dealer or jobber in drugs ti have anv oC the drugs enumerated In section two lum dreed and forty-flve of thia chapter In liLs IKiKsoMaiiin ufter tbe first day of July, nine¬ teen hundred and neventeen. except when the sume shall have Imcii received pursu¬ ant tu a written order of the piirchuser thereof upon the official urder blank men¬ tioned In this aeclion. and except when such person having in his possession such druga. shull alao have delivered a dupli¬ cate uf such ordei' blank to the slats de- partmuiit uf health, or liM-al board of health aa the raae may be. aa In thia aec¬ tion required: Rirovided further ihat the pruvialona uf thla aection ahaU not apply to the puaaeasion of any of said drugs by physicians: dentists, piharmaclsls, drug gists. Veterinarians, hospitals. Institutions, sajiltarlums or whuleaale dealer or Jobber I in drugs at ths time this act shall taks I aSeat wheu the aame shall hava been law- tuUy aoquirad puiauant to extsdug law
Tha prpvMofls ot this section ahaH not prohibit tha sale of drugs enumerated In section two hundred apd forty-flve of this chapter to persona regiatered under tti» lawa of the tTnlted Statea and raaidln^ outside the atate of New Tork
Etlery person, ei^rporatlon or Institution autborlaed under the provlalona of thla ar tide to engage In the aale or dlstrlbiitldn of the druga or articles herein referred to shall on or before July tenth of each year flie with fhe state department of health a verlfled Itemised statement of all of the druga menfloned In aection two hundrs'l and forty-flve of thla chapter In hla or lis ponaeBBIon on July flrat of the year In which aueh statement la flled Provided, however, that after July tenth, nineteen hundred and aeventeen. where auch per¬ aem. corporation cvr Inatltutlon takes a itoek Inventory, either at the cloae of a husiness flseal year or of the calendsr year, auch Inventory showing fhe amount of the drugs mentioned In section two hundred and fortv-flve of thla chapter may he flled with the stat» depnrtment eif heatth at Albany In lieu of Ihe statement hereinbefore mentioned. Such Inventory or statement ehall lie verlfleej by oath or afTlrmatlon •
I I. Such chapter Is hereby amended by adding after section two hundred and forty-aeven, a new section to be aection two hundred and forty-seven-a thereof, to read as follows: ^
I 247-a False representations, et cetera No offlciai order blanks ahall be laaued to any person who shall have t>een convicted of o wilful or Intentional violation of tho provlalona of thla article or to any tierscm other than n duly licensed phyalelnn. vet erinarlan. pharmacist, driigglat ur dentist, or wholeanle dealer or Jobber In drugs, nor ahall any phyaieian, veterinarian, drugglat, pharmacist or dentist, or nnv wholeaals dealer or Jobber In druga have, keep, aell, dispense or furnish nny of the druga In eection two hundred nnd forty- flve of thla article mentioned, unieaa he shall, within ten daya after the flrst day of July, nineteen hunelred and seventeen. and earh year thereafter, flie with the state board of henlth a report setting forth his name, residence, age and occupation, and the places where he haa so practiced auch profeaalon or hualness within the two years next preceding the fliing of aald re¬ port and If a hoapital, college, sdenflflc or public Institution, setting forth the name and place nf busineas thereof Pro¬ vided, however, that Buch blanka shall be Issued to peraons legally conforming to the regulatlona and statutes of this stnte who shall newly estabtlah or engage In the practice or bualneaa of prescribing or dla¬ penaing narcotira subsequent to July tenth, nineteen hundred and seventeen, or any year thereafter. All official order blanks shall, when Issued by the st.ate depart¬ ment of health, bear thereon the name of tho peraon. ftrm, association or corpora¬ lion to whom surh blantta are dellvere-fl plainly written or stamped, nnd no person other than the purchaser shail use nny of aald blanks bearing the name of the pur chaser, and If nny person shall obtain or attempt to obtain by means of anld order blanks nny of the drugs menflnned In sec¬ tion two hundred nnd forty-flve of this nrtlc-Ie for any purpoae other than the use. sale or distribution by hlin tn the conduct of a lawful busineaa in said drugs or In the leglllmato practice nf his profession, he shall he guilty of a felony.
Any tiersiin who, fnr the inirpose of ob¬ taining any of the' driUTs m, ntloned In this article, and for the purnnse of evading any of the provlsiona the-renf. shall false¬ ly assume or use the title of "licensed pharmacist." "licensed druggist." "licensed physlc-lan," "licensed vetcrlnarv sur¬ geon." or "Ilccnsi'd dentist." nr In nny manner falsely represi nt himself to he a irccnsed pharmncist. licensed druggist, li¬ censed physician, Ilcensid dentist, nr li¬ censed veterinary surgeon, cr who shall falsely represent himself tn he an Im¬ porter, manufacturer, or dealer engaged In the conduct of a lawful husiness In said drugs, or who ahull utter anv false or forged presci-lptlnns. or shnil alter an original written preserlptlon or order for any nf the drugs mentioned In this article ahall be guilty of a felony Any person who shnll mnke nny fnlse report nturn or certlflcate, required by the provisions of this article to be mnde. shjill be guilty of n misdemeanor
i 3. Section two hundred and forty-eight of such c hapler as ndded by chapter three hundred and sixty-three of the laws cif nineteen hundred und fourteen and amend¬ ed by chapter three hunclred and twenty- .•»even of the laws of iilnileeu hundred nnd flfteen, la hereby smcnded lo read as follows:
8 248. Physicians, el cetera, to ke-op rec¬ orda. Ail persons uulliorlzod by l;iw to sell, administer, prescrilie. dispense ur dis¬ pose of uny of the dru«s eiiuiii'iutvd la section two hundred and forty-livo of this chapter, shull forlhwUh keep on record the name und address of ea.h iiersun tu whom sudi drug ia dispensed, given or In any maiiiior delivered ami the quantity su dlspoiised. given ur clolivejrod. and ail kUc h persons shall likewise ker the iM-rlod eniiiiierated in se-ciicin two bundled und fnrtyriiiiie of this cliapter. keep u copy uf such report wbieli shull al¬ ways be* open lo the insiieftlun of the au- tborities e-harge'd vvith the enforcenieiit nf tbe provlslniiB nf this artide. All panels records. Uiformutlon. slateme nts. und I'.ala filed whh the »iutei bourd of lieulih pui- suiiiit to the pruvlsloiis of this Mrticle, and all recorda of prncocdlngs or aulioiis l.ikeii by llie- slate bourd of li»-allh pursuant lo the prcivlaluns nt this urtlde. shall be ro- gardocl us confldenlial, uml sluHl not In open lo inspec'tt'in by the public or uiiy peraoii other thuji the oftlciai c-ustodUiii.-e era. records, Informu- tion. statements, ur data tu any persun not authurlsed by taw tu Inspect the same, shall be guilty ef a misdemeanor
No peraon ahall aid, at>«t or asalst any other peraun. not a llcenaed druggist, II- keiised pharmacist, llcenaed physiuian, li¬ censed vsleri larian or licensed dentist or wholesale dealer or Jobber Ui druga or a daal«nated uttklal uf a hoapltai. aanllarium or Institution to procure any of the druga enumerated In section two hundred and , forty-live of thki chapter, except as pro- I trtded In section two huiidred and forty i ••ven of thla ahaplar or upou tbe preacrip
Uon of a duly llcenaed phyaieian, dentlat ot
reterlnartan Any violation of thla aee-tlon la hereby declared to be a mlademeanor.
f 4 Buch chapter la hereby amended by adding after aection two hundred afid for- tr-el|ght aa added by chapter three hun- *red and sl*ty-three of the lawa of nine¬ teen hundred and fourteen and amended by chapter three hundred and twenty- seven of the lawa of nineteen hundred and flfteen. a ««w aection to be section two hundred and foity-elght-a thereof, to read aa follows:
I MA-a. Prescriptions of veterinarians and dentlata No veterinary surgeon ahall preacrlbe. diapense or furnish any of the drugs mentioned In aeetlon two hundred and forty-flve of thla chapter for the treat- j ment of or consumption by a human being. No dentist shall Issue nny such prearrip- j lion for. dispense or furnish any of surh druga for the use of any peraon not then under his Immediate treatment aa a dent j Ist or for any other purpose than aa a , part of aueh treatment, and no dentist ! shall dispense, furnish or Issue a preacrip- ; Hon for any of aueh drugs In quantltlea j greater than Is necessary for the Immedl- I ate treatment of the person to w"hom ths druga nre furniahed |
I 6. Sectlona two hundred nnd forty I nine, two hundred and fort.v-nlno-B and ' two hundred and forfy-nlne-d of sueh I chapter aa added by ehapter three hundred I and sixty-three of the laws of nineteen i hundred and fourteen and amended by I chapter three hundred and twenty-seven | of the lawa -of nineteen hundred nnd flfteen, are hereby amended to rend aa foi- I lows:
I 249 Hypodermic syringe; aale of: rec- ord; iienaity It Is unlawful for any per- i son to sell at retail or to furnish to nny person other than a duly licensed physl- j elan, dentlat. or veterlnarlnn. nn Instru¬ ment commonly known ns a hypodermic syringe or an Instrument commonly known I as a hypodermic needle, withnut the writ I ten order of a duly llcense-d phyaldan. dentist, or veterinarian. "" Every peraon | who disposes of or sells at retail, or fur- | nishes cr gives away to any person, either | of tho aljove Instruments, upon the written { order of a duly licensed phyaieian. dentist, \ or veterinarian, shall, before delivering ! the same, enter In the book kept for thnt : purpose the date of the sale, the nnmeiand address of thepurchaser, nnd a description i of the Inatrument sold, disposed of, fur¬ nished or given away It shall be unlaw , ful for any peraon or persons, except n licensed pharmaclat, licensed druggist, II- j censed physician, llcenaed dentist. llcenaed veterinarian, hospital or regular dealer li medical or aurglcal aupplies, to poaaeas ; such Instrument, without having In their poBseselun a certlflcate from a physician certifying thut the possession of auch In¬ strument Ib necessary for the treatment of Injury, deformity or disease then suffered | by the person possessing the same, or If ) posaeaaed by a nurse, a corrlfleate from u ' duly llcenaed physician that such posaea- Blon la for professional purposes. .*.ny p-r son or peraons who sell, dispose of or give awa.r an Instrument commonly known us a hypodermic syringe, or an Inatrument ' commonly known as a hypodormic needl". i except In the mnnner preserilied In this fli'cllon, Bhall be guilty of a misdemeanor. ' provided, however, that any persnn own¬ ing or having In hla posaesslnti any such hypodcrmlo syringe or hypodermic needle nt tho timo this socilnn, as umended. takes efTect. may lawfully keep or retain the , same- upnn obtaining from a duly Ilcenscil und re-glstereil* physlcl.an, dentist or vel- I erinarlan within ten days after this sec- ' tinn as hereby amended shall take effect, a ' eerffle-ale to the effect that such syringe ¦ or needle was purchaaed hefore this sec tkin. as umended. took effecl and that such s.vrlnge'br needle mny be ri-Tilred for fu- ' lure use for treatment of im Injury, de¬ formity or diaeiise which the person po«i- sesslng the Inatrument Is then siifferiiu; from.
9 249-a. Commitment of habitual drug , users: iirncedure'; treatment; dibchurge. The constant use by any peraon nf any habit forming ilrug. except under the di¬ rection and consent of a. duly licensed physlc-lan, la hereby declared to lie dan- gercnis to tho public health. "Whenever a ' complaint shall be made to any maglatra(e " that any person Is addicted to the use ot any halilt-formlng drug, without the eon- ; sent or direction of a duly licensed physi¬ cian, such maglslr;ite. after due notice uiul henrlng. If satlafled that the complaint is founded and thnt the person is addicted to Ihe use cif a hnblt forming drug, shall com¬ mit such persnn to a stale, counly or city hospital, or Institution licensed under the - stale lunacy commlsaion, or any correc¬ tional or charitable InHlttutlon maliuained by the state or any munlcliiuUty thereof, for the treatmi?nl of dsease or Inebriety; provldeil. however, that Buch magistral,- may suspend sentencu und parole such ad¬ dict to the care of such aildb-ta ph.vsldaii. where such magistrate Is siilisfled that the Interest of such uddlei so requires, and II satlsfai-tnrlly nppears In such magistrate that sue h addict la able- to defray Iho ex¬ pense uf coinpoteni moillcal treatment Any court having Jurisdii-tinn nf a de- fend.-int In a criminal pidceeitlng, It It ap pears that a defendanl Is a liubilual drug user, ma.v commit such iisor for treatment ns herfiii provided ut uny stage of such Iiroceedlng again.st such elefendant. ami iiiu.v Btay proceedings, vvlthhnld conviction or suspeiul scnloiicc, pen,ling the period of such commitment. Wli'-nnvor the chh-f medical oflker of such insHluHon shall certify to the ceimmltling magistrate or court that any peraon so eonimllted haa been BuPldently treati'l or give any oHur re'usard ofll¬ eer shall Adopt a blank form of application for auch treatment and en request Bhall fomlah copies thereof for the use of any aoeh Institution.
I ttta. Penalties Any violation of any of the provlsiona of thla article shnll be deemed a misdemeanor, except as other¬ wiae provided In aection two hundred and foi^y-seven-a of this ehapter, and except tbat the aale, offering for sale, giving away or dlapenaing of any of the drugs mentioned In section two hundred and forfy-flve of thia chapter, otherwise than •a permitted by thla article, to any child under the age of sixteen yeara ahall be deemwd a felony Nothing contained ii, thla artlele ehall be construed to amend or repeal Bcetlon seventeen hundred and for- (y-Blc of the penal law relating to the aale of cocaine or euealne and regulations respecting their possession
I 6. Sueh chapter Is hereby nmended by adding after aection two hundred and fnrty-nlne-d, two new aectlona. to be sec¬ tions two hundred and forty-nlne-e and two hundred and forty-nlne-f, to. read as foi I owe;
I 249-e. Supply of druga to addicts Any local board nf health may furnlah, or nu- thorlee to het frunlahed. without eharge. to any peraon found upon a phyalcal ex¬ amination to be addicted to the use of any habit forming drug, a prescrljdem na pro- Tided for In section two hundred and forty-six of thla chnpter, for such n suffl elent quantity of any such drtig as la nee easary. In the opinion of a pbyslcinn of any auch board of health, to provide for the necessities of aueh person, pending treat¬ ment. The atate department of health shall prescribe appropriate regulation un¬ der which said drugs nro to be prescribed and dlapensed by such local board of health.
I 249-f. Recorda to be preaerved: feea; In- spectrjra All records, prescrtpttons. orders. oertlflcates and other Inatrumenta In writ Ing which, by the provlalona of this srilcle, are requred to bo delivered, kept and ex¬ hibited by any person or official, Bhall be kept and preaerved by such persons and offlclals for a period of two years from the date of the same, nnd shall at all times be kept open tcj Inspection hy offl¬ cers and agents of the state and local boards of health and to all other persons charged with the enforcement of the law . The Btate iKiard of health Is hereby au¬ thorised to nppoint surh Inspectors and agents as may be neceasary to enforce the provlalona of this article. '
All state, county and city hospltala, all correctional and charitable Institutions, all private hospitals, Institutions and ennl- tariums purporting to treat and cure drug addictions, and all persons unliig, dlspens- Ing or posaesslng any of the drugs men tloned In section two hundred and forty- flve of this article, ahnll keep recorda showing the time and amount of any quan- ff'y of snid drugs ao received nncl the times when and the peraons to whom nny of said drugs are dispensed, which recorels shall be kept nnd preserved for the period mentioned In secllon two hundred and ; forty-nlne-e of thla nrllcle, and shall be nt all times open lo the Inspection of the nu ' thorities charged wKh the enforcement of tho law. All offlciai blanks shall be sold ti the person entilled to possess the siiim- pursuant todhe provisions eif this article at a price to Be flxed hy tho state board nf health. Which prlio shnll not. however, ex¬ ceed the sum of one dollar per hiindrcl triplicate hlaiiks.
. i 7 This art shall lake effect July flrst. nitiete-ejii hundred nnd seventeen Slate of New York, Office of the Secretary
of Btnte. ss:
I havo compared the preceding with the original law on flio In this office, and do here\>y certify that the same la n cnri-eef transcrliit therefrom and of the whule of said original law.
FRAN'C1.«? M. HUOO.
Secretarj' of State.
LAWS OF NEW YORK—By Authority.
CHAP 426. AN ACT to establish a commission to act Jointly with a similar commission of Ihn state of New Jersey In tho liivesligatinn of port conditions ut the port of New- York and to submit u comprehensive ro¬ port recommending the proper policy that ahall be pursued for the best Inti r- esta of the entire port of New York, and the legislation, stute and federal, thai win be necessary to muko such rocum- mendutloiis effective, and making an ap¬ propriation fur the expensoa of suid commission.
Became a law May 8. 1917. with the approval of the Governor Pitased. three- flftlia being preaent.
The People of the Slate of New York. represented In Senate and Asseinhly, elo eijact as follows:
Sectlein 1. 'I'lie governur ahall appulnt tbreo commlsslonors who shall have pow¬ er on the part of the- state- of Now "Vork to meet commlsslunera upi>e.ilnled, or who may he uppointoU. under or by virtue of u law of the legislature of the stale of New Jerscy, lo iie^;oiluto or agree upon a Joiiii report, roconiinendliiK a policy to lie piir- saed by the stale of N'ew York, the s(;U'' of New Jersey und the United Stules bv legislative oiiaclment or treaty or nlhoi- Wlse, to tho ond that said port shall be e^clenlly and coiistruc(ive-ly eirg:iiilzoil 4.id furiilshed w-i(li mo.le-rii ineihods of pjor.s. rail and waler and fi-e-igbt f:icili- Uea and adeqiiutoly proloctcd In the event of war. liofnio making such r(«port, such oeininiission shall miiku a ihc^rougb Invos tlgatinn of pnrt condilions In this country and sliull take and employ such engineer - lug, h'gal or other profeSSlon;U skill uml assistance aa It muy need for the effecliv,-; working out uf a cnmpreheiialve and ade¬ quate interstule and federal port policy, lo meet coniiiiordal needs In tinies of peai e und the protee-llon of the liurbor und ud- 'uceiit lociilitlos hi tiini'S of war.
( 2- The- cninmlBsluiiers appointed pur- , suant to the prnvisions of this act shall be paid the neceas:iry expenses Incurred lu the performance of their duties, bul shall fcerve without coniponsjilion Tle-y slmll Hclecl one of their number as c hulrman j nnd may e-mploy a secretary and sudi other assistants us are needed In the per- ; foiiaaiic-e nf iholr duties. The sum c" twenty-flve thousand dollars ($2&.0(iOl, or so niiidi theieof as may be; ne-cessury, shall bo horeby upprnprlated out of any i tiioii«-ys hi tbe stale treasury not other- wlae appropriated, for the expvi»rof while engaged In the per¬ formance Ol ordered military or naval eluty as a memher of the national guard or naval mllltlii. or In the performance of duty In the federal military, naval or ma¬ rine serx'lce as hereinbefore provided, he shall receive such part of his salary or compensnilon as such officer or employee as equals the excess, If any, of such sal¬ ary or compensation over the compensa¬ tion iiald to him for the performance' of such duty; but such payment by the atate or by a municipal corporation or polltlial subdivision thereof to an ofTleer or <>m- ployee during such absenc-e shall not be less than twenty-flve dollars a month
4. An omcer nr employee of the stute or of a political subdivision thereof either than a city shall not enlist aa a member of the national guard or naval mllltla or volunte-er in the f, cbral military, navnl or marine service, nnd be thereafter entitle>d to any part of liis salary or eeimpensation na such oflicer or employee, without the cnnseril of the govi'rnor, and an officer or employee of a city Bh:ill not so enlist and be thereafter entiticd lo anv part of his salary or cnrnpensatlon as such ufflccr or employee without the consent of the may¬ or of such elty.
5. An offleer or employee of the state or of n polllicnl Bubdivlslnn thereof, other than a citv. who Is n incinher of the na¬ tional guard or naval militia or Is In Ihe feder.al militnrv. naval or marine service. shall lie reheve-d from service therein when directed by the gove»rnor and with the e-onsent of the federal war or navy , dep.irtmetit. when the public Interests re¬ quire that he shall perform his civil duties as such officer or employee, ami an oflki r nr emplnyee of a clly^ may In like manner, on the- rei-iuest of the mayor thereof, be dlsch.-irgecl from such service when the public Interests require that he sh.all per¬ form his duties as such officer or em¬ ployee
8. Tho terms "offleer and employee-" a^' used In this section shall include ever.v person hy whatsoever title. desc:rlptIon or designation known who receives any pay. salary or compensation of any kind frnrn the strife or a municipal corporalion or of any other political subdivision thereof, or who Is In nny department of the state-
5 2. The adjutant gener.al shall, when¬ ever In the Judgnienl of the govcriinr public security or national ele-feiise- re- qiilrcs, nnd with the consent of the federal war department, assign, detail or lem- pornrlly release members of the national guard nnd naval militia of the state for servli-es or work In the productinn of agri¬ cultural prndiii'ts. Vie manufaciuro of mii- niliof^s and other commodities reciuired for the proserution of the war and public de- ' feii.se. (i'r for any other si^rvlce required for public Security or defense This sec¬ tion Bh.all eontinue in full force and effect until the end of the present war and for a period of two monlhs ther(=elng present.
Tha People of the State of Naw TorH represented In Senate and Aasemhiy. do enact aa followa: I Section 1 Chapter thirty of the lawa ef nineteen bundred and nine, entitled "An act relating to highwaya, constituting rhapter twenty-flve of the consolidated laws,'' la herehy amended by Inserting therein at the end of article twelve, a new I t- nlon to be section three hundred and fort- four, to read aa followa:
I ,1414 Lighting roada. highways and i,i,,lKes The town lionrd of any lown. subject to the npprnval of the commisaion¬ er of highways, may from lime to time rirovlile for lighting elangerouB portlona of any roael or highwny defined by aeetlon three of this rhapter or constructed or Im¬ proved under Ihe provislnns of a«-rtlon three hundred nnd twenty of thla chap¬ ter snd of bridges located thereon The Initial aetion of the board shnll be In the form of a protvisal for seibmlsnion to Ih* cemimlsaloner The ronda and pnrtlonS thereof to be llffhieil. and the manner of lighting, ahnll be set forth In aurh pro- poanl Surh proposal rhall be embodied In a reaolution The lighting of one or more aueh ronda. highwaya or brldgea, or either, may be pniposod In a single reso¬ lution. The board niiM- provide for such lighting. If lla proposi^ls ao approved, or, ' If niodlflratlons are anggeated by the com¬ missioner mny adopt auch modlflcatlons and provide for such lighting In conformi¬ ty therewith The expense of Installing, malntaing and cprlng for such lights shall t»e a town charge, and the moneys therefor shall be provided and appropriat¬ ed In the same mnnner as for other town expenaes The furnishing of light ynder this section may be provided for by eon- tract or otherwise; but nothing herein contained shall be deemed to niithorixe the town board to acquire, conetruct or establish a gas or electric lighting plant for the atsive purposes. The Inatallatloit of lights, flxtures nnd connections shnll be done under the supervision of ths county superintendent of highwaya. The town bonrd may provide for the eare of such lights In sueh manner aa It muy deem proper. Tlie board may. In Its dla¬ cretlon, at any time discontinue the light¬ ing of any rond, highway or bridge, or portion thereof, provided for under this sriitloh.
I X. Tbis act shall take effect Immedi¬ ately.
State of New- Ynrk. Offlce of the Secretary of Btate. aa:
I have co'^nared Ihe preceding with the original law on'flie in this offlce, and do hereby certify Hint the same Is a correct transcript Uierefrom and of the wliole of (lald original law.
FRANCIS M. HUOO,
Secretary of State.
LAWS OF NEW YORK—By Authority.
CHAP 3l» AN ACT est.iliiishlng a state eouncil of defense and dellning the powers and du¬ ties of such council and making an ap¬ propriation llieretor.
Ue«-ame a law May 4. UMT. with the iipprovai of the (Inveriior. I'assed. three- liftlis lioing piosonl
The People of the Stale of New York, represented in Senate and Assenibly, do enact as follnw-s:
Section 1. The governor may appoint a eouncil consisting uf not more than seven persons, each of whom ehall have special knowledge of some industry, jiubllc utility or the development of some nutiiral re¬ source or he otherwise e.-^pedaily qualified for the performance of tlio duties herein¬ after provided The guverimr shall be i-hairman nf the council nnd he muy des¬ ignate a vlcc'-chalrmaii thereof. The mem¬ bers of anch council slinll serve without coinpensiitlon. but shull be ulkiwed ucliial expenses of travel when attending meet¬ ings of the council or,engaged In Investi¬ gations pertainirg to ils uotlvlHes.
It shall he the duly of. the council to make investigatlona nnd to report In ref¬ erence to the location .and capai-ity of rullruads. automobUes, and ull other means of trunapnrlution and conveyance within the state 8 hereby certify tbat the aame Is a correct tr^iiaaf(|i't tharafraaa and of tbe wbola of aaM ttHtttati Utth^
i ntAKCUl M MVJOO. ^ ttmoroUm